This bill amends section 29-1208 of the Reissue Revised Statutes of Nebraska to provide for damages to defendants in criminal actions that are dismissed or in which the defendant is found not guilty. The legislation aims to alleviate the financial hardships faced by individuals who are wrongfully prosecuted and to encourage the government to exercise caution in prosecutorial decisions. It defines "prosecutor" to include various legal authorities and outlines the circumstances under which a defendant is entitled to damages, such as when charges are dismissed or a not guilty verdict is reached.

Additionally, the bill specifies that a defendant may not receive damages if they are convicted of another offense related to the same misconduct. It establishes a process for determining the amount of damages, which includes reasonable attorney's fees and actual damages incurred due to the prosecution. The bill also modifies the language in section 29-1208 to reflect these changes, replacing "his" with "his or her" and adding a provision for damages as outlined in the new section. The original section 29-1208 is repealed as part of this legislative update.

Statutes affected:
Introduced: 29-1208